California, United States of America
The following excerpt is from People v. Louie, D065964 (Cal. App. 2014):
A defendant may not receive multiple convictions for a single act or course of conduct based on lesser included offenses. (People v. Sanders (2012) 55 Cal.4th 731, 736.) An offense is a lesser included offense if the greater offense cannot be committed without also necessarily committing the lesser offense. (Id. at p. 737.) Kidnapping during carjacking is committed when the defendant commits a carjacking, and also commits a kidnapping to facilitate the carjacking. ( 209.5, subd. (a); People v. Medina (2007) 41 Cal.4th 685, 693.) Because kidnapping during carjacking by definition cannot
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be committed without necessarily committing carjacking, carjacking is a lesser included offense of kidnapping during carjacking. (People v. Ortiz (2002) 101 Cal.App.4th 410, 415.) Accordingly, the carjacking conviction must be dismissed. (Ibid.)
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